Jeff Mozer said the Jack Russell terrier that attacked and killed his sleeping 6-week-old nephew Friday was a longtime family pet he trusted around his own baby and other babies in the family.

And Justin Mozer and Layne Crim were doting parents, he said, who took safety precautions and "tried to do everything just right," Jeff Mozer said.

"This is the most freakish accident. It was a dog you would never think would harm anyone at all. And my brother was just really proud of the baby, it was his first," Jeff Mozer said.

According to Jeff Mozer, the baby Justin Mozer, named after his father, was sleeping in the middle of a king-size bed about 3:15 p.m. Friday when, without warning, the Jack Russell terrier attacked and killed him.

The Fayette County Coroner's office said Saturday that the cause of the accidental death was "traumatic asphyxia and blood loss due to dog attack."

Lexington police Lt. John Gensheimer said Saturday that at this point there was no reason to file charges. Though police were continuing to conduct interviews, Gensheimer said, there was no evidence to suggest that the death was anything but an accident. The baby was alone in the room, and there were no witnesses to the attack.

The baby's mother, whom Mozer identified as Layne Crim, was in another room when the attack occurred.

Layne Crim's husband died in January 2007, leaving her with two sons, about 1 and 3.

Jeff Mozer said his brother had stepped in to become a loving father to those boys, too.

"I'm very proud of him," Jeff Mozer said.

Mozer said he spent time with his nephew last week. "I held him and kissed him. He was beautiful."

Justin Mozer, 28, was at work at a pool company when the attack occurred, Jeff Mozer said.

The baby had a crib, Jeff Mozer said, but on Friday afternoon he was napping on the bed.

Jeff Mozer said Justin Mozer had owned the Jack Russell for six or seven years. "The dog has been around my baby and other babies in the family. There has never been any reason for alarm."

Jeff Mozer said his brother bought the family home at Seven Pines Drive, near Versailles Road and Alexandria Drive, about a year ago and was remodeling it.

The former president of The Lane neighborhood association, Pete Hagan, said that in September 2007, the association sent Justin Mozer a letter complaining about the behavior of pit bulls kept in the back yard. The letter, which Hagan e-mailed to the Herald-Leader on Saturday, said pit bulls routinely got out of the yard and frightened neighbors. But Hagan said he had no problems with the Jack Russell terrier, and he had noticed no problems with the pit bulls since November.

"We extend our condolences to the Mozers," Hagan said.

Justin Mozer kept a pit bull in the back yard for protection, Jeff Mozer said, but that had nothing to do with the attack on the baby.

The two dogs were taken by Fayette County Animal Control at the owner's request. The dogs' fate was not known last night. Officials did not return telephone calls.

Jeff Mozer said his brother and the baby's mother are inconsolable, as is the rest of the family.

First, I feel for that poor baby. I can't imagine what any child must go through when they are a helpless victim of such an attack.

Second, what in the hell are parents thinking these days? To leave a 6-week-old infant asleep in the middle of a bed in a room with a dog and no parental supervision.........it just infuriates me! Even as a 1st time mom, plain ol' common sense told me to not leave a child alone in a room with a dog!

Third, how on earth did this dog "accidentally" kill this baby? Get real people. Had this been any other breed, it would have been a vicious attack. Instead, this dog just accidentally grabbed the baby's throat and killed it.

Third, how on earth did this dog "accidentally" kill this baby? Get real people. Had this been any other breed, it would have been a vicious attack. Instead, this dog just accidentally grabbed the baby's throat and killed it.

I don't believe for one second that it was an accident. Whether the infant made a small cry or whatever, it triggered that dog to attack and yes to kill, that wouldn't have been a mistake on the dogs part. Jrts are hardwired to hunt and kill and they absolutely can respond and go to those instincts that have layed dormant for years or for its entire life.
People want a cute little lap dog and have no idea what these dogs are capable of. And if they were larger, they would be part of the breed bans.
Jrts ARE a high risk breed and this is just one of the reasons.

I don't believe for one second that it was an accident. Whether the infant made a small cry or whatever, it triggered that dog to attack and yes to kill, that wouldn't have been a mistake on the dogs part. Jrts are hardwired to hunt and kill and they absolutely can respond and go to those instincts that have layed dormant for years or for its entire life.
People want a cute little lap dog and have no idea what these dogs are capable of. And if they were larger, they would be part of the breed bans.
Jrts ARE a high risk breed and this is just one of the reasons.

I feel for you. I really like and admire JRTs. Of course, I'm a terrier person too and I completely understand their breeding and their drives. It just stinks that you will probably now endure some of the same hateful comments that I do all because of what someone else's dog has done to tarnish the reputation of our own.

I feel for you. I really like and admire JRTs. Of course, I'm a terrier person too and I completely understand their breeding and their drives. It just stinks that you will probably now endure some of the same hateful comments that I do all because of what someone else's dog has done to tarnish the reputation of our own.

Well we already hear the negative comments about them and from some people's experiences with some jrts, it's justified.

What drives me nuts are the ones who own them (and god for bid breed them ) and insist that their lovely little dogs wouldn't ever do something like attack an infant. It's BS. They are absolutely capable of doing something as tragic as this.
I breed for a stable temperament and I have known thousands of jrts that are awesome, but you just can't forget the hardwiring in them as so many people blindly do.
And the ones that we jrt people consider to be hard, well in some cases they are down right mental. I wont have such a dog and I certainly wouldn't breed it.
Thanks folks for understanding that there are people out there with awesome jrts, that really do understand them and take that responsiblity on head first.

There are people that have pitties or similiar breeds/types, that have them for the wrong reasons and don't understand or care. We deal with the same thing were jrts are concerned, except its at the other end of the scale....cute little dog vs aren't I tough, look at my dog.......both have the potential to be dangerous or a problem

I agree with you 100% though...I mean, I wouldn't ever leave Virgo alone with a baby, even though I know she's the sweetest thing on earth, she's a horse. Just accidently stepping on a baby would do severe damage.

Once again a young life is taken because of stupid people !!! No excuse !!!

It makes me sooo angry! And sad! And frustrated!

I totally believe that the parents should be charged. I think the parents should always be charged in these types of incidents! Heck, if they had let the baby drown in the bathtub, they would've been charged. This is the same principle.

It just breaks my heart for those who have to pay the price of others' irresponsibility.....especially when the irresponsible walk away with not even a slap on the wrist.

I totally believe that the parents should be charged. I think the parents should always be charged in these types of incidents! Heck, if they had let the baby drown in the bathtub, they would've been charged. This is the same principle.

It just breaks my heart for those who have to pay the price of others' irresponsibility.....especially when the irresponsible walk away with not even a slap on the wrist.